As is well known, when filing a trademark application, the goods and/or services must be claimed in accordance with the so-called Nice Classification, established by an agreement reached at the Diplomatic Conference of Nice on 15 June 1957 (the Nice Agreement). Each member country of the Nice Agreement is required to apply the Nice Classification for trademark registrations.
Each year, the Committee of Experts on the Nice Classification meets in Geneva at WIPO and decides on amendments to be made to the Classification, which are then published in the form of new editions every five years and new versions every year. These amendments are introduced based on market and user needs and include both updates to existing terms and the addition of new ones. For example, in recent years various changes have been necessary to align the Classification’s terminology with the advent of the metaverse.
The 13th edition of the Classification will enter into force on 1 January 2026.
Among the most significant changes, we highlight the following:
“Spectacles, contact lenses and sunglasses”
will move from Class 9 to Class 10, in line with the current framework that now categorises them as medical devices.
These changes do not require the immediate reclassification of trademarks already filed or registered. However, in some jurisdictions, reclassification may be required at the time of renewal.
Practical implications
We draw attention to two important consequences that may be of immediate interest and application:
- Trademark Watching Service: If the Watching Service is active for Class 9 and there is also an interest in spectacles, it is strongly recommended, indeed necessary, to extend the watching activity to Class 10, in order to monitor new trademark filings in which spectacles will now be included in that class.
- Availability searches: when conducting trademark availability searches relating (also) to spectacles, the investigation must henceforth be carried out in both Class 9 and Class 10, for the reason mentioned above.
Our Firm remains available to assist interested parties in promptly updating the protection and services currently offered.
For any questions or needs, please contact us!